A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 7, 2009, the Defendant issued a summary order of a fine of KRW 3.5 million at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (drinking driving), and on October 30, 2009, the Defendant issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (drinking driving), respectively.

1. On July 22, 2017, the Defendant was under the influence of alcohol at a 0.121% alcohol level from July 22, 2017 to July 22, 2017, under the influence of alcohol, from 48:5:54 to 28-1.5% of alcohol level in blood alcohol level.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

2. On August 5, 2017, the Defendant was under the influence of alcohol concentration of 0.079% from the 01:35 on August 5, 2017, on the road in the fluor line of Suwon-si, Suwon-si, to the road in front of the third-distance of the fluoron zone of the same Gu, driving the Bland under the influence of alcohol content of Bland under the influence of alcohol content of 0.079%.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Results of regulating driving of each drinking water;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (a summary order accompanied);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows, the age, family relationship, and gender of the defendant.